Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-09-28
MEXICAN LAND GRANTS.
Letter from Governor Waterman to the
Presid. mt Concerning Them.

Letter from Governor Waterman to the
President Concerning Them.
The following letter, addressed yesterday
| by Governor Waterman 10 the President OF
the United States is self explanatory, and
will be read with interest by many who are
concerned in relation to the subject of titles
derived from Mexican or Spanish sources:
To the President-SIR l herewith trans
nit for yosr consideration two petitions,
one signed by one hundred and forty-three
citizens, owners of and residents upon
Mexican land grant situated in San Mateo
county, California, known as the Pulgas
Grant, asking your Excellency to set aside
an order of the Attorney-General permit
ting interested parties to commence pro-
ceedings to set aside the patent to said
grant The other is a petition TO your Ex-
cellency signed by the leading lawyers and
law firms OF California stating various rea-
sons both of justice and public policy, why
certain suits authorized to be commenced
by the Attorney General to set aside pa
tents to Mexican land claims in California
should not be prosecuted.
By the treaty of Guadalupe Hidalgo,
whereby the United States acquired Cali
fornia and other territory. our Government
undertook to respect and protect all prop
erty rights in the territory acquired. For
the purpose of carrying this treaty into
effect the United States created and selected
its own tribunals before which the owners
of these titles were compelled to appear or
forfeit their lands. The investigation of
these titles before these tribunal occupied
period of about thirty years. The necessary
expenses of these Investigations imposed
upon the claimants was such as to prac-
tically corfiscate most OF their lands. The
United States was at all times represented
by able counsel and called to its aid settlers
and others desiring to appropriate these
lands. The parties now insisting upon
reopening this investigation have already
been heard and had their day in Court
There was great difficulty in arriving at
an accurate determination in most of the
cases ON account of the lack of surveys and
the imperfection of recorded descriptions
of property during the period when these
grants were made. A large portion of the
evidence upon which the judgments and
decisions OF the Courts confirming the
grants, and of the Land Department in de-
termining their location, were made. neces-
sarily rested in parol. Great difficulty ex-
listed in obtaining witnesses who could sup |
ply the necessary information in locating |
these grants. The inhabitants were few in |
number previous to the acquisition of the |
country. Many of these left rather than |
accept the changed condition of things, |
others were dispersed in the mines From |
those that could be found all information |
was obtained that was possible at the time |
1t would be strange if, under such circunl- |
stances, all the decisions were correct But |
it was necessary to determine these titles, |
and even an erroneous determination was |
better than no determination at all.
The treaty ceding this country to the |
United States was made in 184S, nearly |
forty years ago. Most of these Mexican |
grants were made many years prior to that |
time. Few, if any, of the persons who |
were familiar with the facts relating to the |
locations of these Mexican grants are now |
living, and they must be old and infirm |
The face of the country is changed from |
vast uncultivated stock ranges to cities, |
villages vineyards and farms. The ancient |
landmarks are generally obliterated. There |
is no possibility of relocating those grants |
by aid of oral testimony. The present &C.
cupants are purchasers in good faith from |
the patentees of the United States. More |
than half the population, and at least two
thirds of the wealth of California, are To- |
Gated upon these Mexican grants.
By no possibility could demonstration |
and redetermination of these titles result |
in any correction of errors in the former |
determination, but. on the contrary, would |
necessarily result in great injustice. The |
difficulties which attended the original in |
yestigations, as above stated, are certainly |
far greater at this time. An attempt on the |
part of the United States to reopen and |
reliugate these land claims has already |
created distrust in the stability of land |
titles in this State. The vast expenditures |
and unreasonable delays which paralyzed |
California for so many years in obtaining
patents for these lands has made the people |
of this State very sensitive Upon the ques-
ton of land titles. The threatened renewal !
of this controversy is very damaging to the
of California, and can by no
means possibly result in any benefit to The
United States or any citizen thereof
/ earnestly call your attention to the
petitions herewith transmitted as express
sions of the opinion of the most enlightened
of the bar of California, and also
Of the general facts involved in the pro-
posed litigation.
Hoping that your Excelency will give
this matter special attention, | am respect
fully your obedient servant,
Il. w. WATERMAN Governor